I started writing this article the other day for an attorney law blog and realized how silly it sounded. I put in all of the work and then realized that probably everyone knows that sipping on that Red Bull and Vodka isn’t any good…

A court appointed ad litem (often referred to as guardian ad litem in Raleigh) refers to a court-appointed advocate for children involved in court proceedings. These guardian ad litem volunteers represent the best interests of the child…

You’ve probably seen the shocking videos of de-beaked chickens shoved thirty to a cage at a factory farm, or rats running rampant at a food processing plant. Such things are upsetting to see- but as a member of the public, you…

J. Craig Williams and Bob Ambrogi discuss the latest Supreme Court decisions with Tony Mauro from the National Law Journal and Tejinder Singh from SCOTUSBlog. Together they review the fundamental rights in Obergefell v. Hodges, interpretation…

In this episode of Lawyer 2 Lawyer, producer Laurence Colletti interviews Professor Alexandra Natapoff from Loyola Law School, Los Angeles and Rudolph Loewenstein, a recommendation directly from the Orange County Public Defenders Office.…

During a recent trip, Lawyer 2 Lawyer host Bob Ambrogi visited Legal Talk Network headquarters in Denver, Colorado. While there, he interviewed hosts from another legal podcast called ‘FOSS+beer’. With their general focus on law,…

Most people don't really understand the CAN-SPAM Act or spam laws. As long as the header and other information is not misleading in the email, and you provide for an opt-out, you are likely not in violation of most spam...

There are so many ways to get organized. Software technology creates all sorts of lists, tasks, categories, tabs, flags, reminders…and on and on and on. But sometimes it is easy for a lawyer to get lost in all the various...

Recently, Pepper partner John A. Rogers spoke at iGlobal Forum’s Independent Sponsor Summit in New York. Mr. Rogers spent a few minutes with us to go over some issues that he heard attendees grappling with during the day; discussed…

Recently, Pepper partner John A. Rogers spoke at iGlobal Forum’s Independent Sponsor Summit in New York. Mr. Rogers spent a few minutes with us to go over some issues that he heard attendees grappling with during the day; discussed…

Pepper partners Gregory J. Nowak and Steven D. Bortnick presented a webinar for West LegalEdcenter discussing issues that affect private funds and their managers. Over the hour program, Mr. Nowak and Mr. Bortnick covered a host of various tax…

Law is Cool

By: Hilary Bowser It can be extremely difficult to work in the field of law and make time for our family and friends. Many believe that to be successful in our careers we must make sacrifices in our personal life. Is there truly a way to…

LexisNexis Legal Newsroom: Environmental

Blog Post: "Capacious" Term Dooms MATS Rule - Does It Say Anything About the Clean Power Plan?

By J. Wylie Donald The Energy Information Agency predicted the retirement of up to 60 gigawatts of coal-fired electricity generation by 2020. A significant contributor to that evolution was the Mercury and Air Toxics Standard or MATS…

The question for those who have had a hand in the biotech market for a long time is no longer whether the U.K. will deliver on its biotech promise, but when. The money has become more organized, the government has started to take steps to…

Masses of small red tuna crabs have been washing up along San Diego, California area beaches from Ocean Beach to La Jolla. The species, Pleuroncodes planipes, is unique in that it can live its entire life cycle, from larva to adulthood, in…

A young girl from China is eagerly awaiting test results of genetic testing that could mean that she is entitled to inherit her biological father’s $50 million fortune. Gang Yuan, whom the child’s mother states is her biological…

The results of a recent study published in the American Medical Association Oncology Journal suggest that more patients with cancer are obtaining Continuing Powers of Attorney for Property than in the past. Approximately 74% of…

In a forthcoming article to be published in The Journal of the American Academy of Psychiatry and the Law, Ian Hull and Dr. Kenneth Shulman, among others, explore the concept of the lucid interval. A lucid interval is a legal concept invoked…

Filed: April 30, 2015Opinion by: James K. BredarHolding: A basic ordering agreement that provides a framework for future contracts but fails to include mutuality of obligation is not by itself an enforceable contract. Facts: Contractor and…

Filed: March 24, 2015Opinion by: Catherine D. BlakeHoldings:(1) A corporate entity, in acquiring the assets of a predecessor, cannot be held liable solely based on continued use of a predecessor’s trade name, sale of a…

DMCA, Ashley Madison hacked and user data leaked, delivery drones take off, Apple Music and iCloud DRM.
Download or subscribe to this show at twit.tv/twil.
Public list of discussion points, TWiL on Friendfeed, TWiL on…

Neil Young gave up on streaming music, more blurred lines for Pharrell and Robin Thicke, 3D printed guns, and marijuana use in Washington and Colorado.
Download or subscribe to this show at twit.tv/twil.
Public list of discussion points,…

Dennis Kennedy and Tom Mighell discuss the popularity of podcasting due to improving quality, popular podcasts like “Serial,” similar content intake forms like Netflix, and the ability to consume them on your own timeframe. They…

From Surface Pro to Windows 10 and Beyond: What the Future Holds for Microsoft

Lawyers have been paying attention to the Microsoft Surface Pro and how the combo or hybrid laptop/tablet might be an ideal combination for a law practice. The release of Windows 10 is impending (skipping Windows 9) and some have called…

In this episode of The Kennedy-Mighell Report, Dennis Kennedy and Tom Mighell analyze recent discussions about artificial intelligence and lawyers, try to separate myth from reality, and ponder whether AI can take over the work of lawyers.…

Listen:or download | …also in Ogg Reddit is sometimes called “the frontpage of the Internet.” 170 million people a month help upload, curate, and make viral the cat photos, prank videos, and topical discussions that help…

Listen:or download | …also in Ogg Why are over 450 towns in the US building their own high speed Internet networks? Let’s look at the example of the small town of Holyoke, Massachusetts. A few years back the town’s…

One of the few clear priorities of the federal Communications Act is to ensure that all Americans have reasonably comparable access to the Internet without respect to whom or where they are. Yet, in spite of this, the main focus of…

Even for those among us who are not altogether convinced by Isaiah Berlin's famous essay "Two Concepts of Liberty," it has by now become commonplace to adopt a distinction between "negative" and "positive" liberties that largely coincides…

After the Hobby Lobby and Citizens United decisions, a robust public debate has emerged over corporate constitutional rights. Prof. Huq discusses ongoing empirical research about how the Hobby Lobby case has influenced public perceptions not…

On June 22, 2015, the Supreme Court decided Kingsley v. Hendrickson. The central question in this case was whether, to prove an excessive force claim brought by a pretrial detainee against several jail officers, the detainee must show…

On June 18, 2015, the Supreme Court issued its decision in Davis v. Ayala. The issue in this case was whether Ayala was entitled to federal habeas relief because the judge in his capital murder trial, when responding to Ayala’s…

On June 29, 2015, the Supreme Court issued its decision in Glossip v. Gross. This case concerned three questions. The first was whether it is constitutional for a state to execute an inmate by administering a three-drug protocol in which…

Third Annual Executive Branch Review ConferenceAfter delegating significant power to the administrative state, is Congress properly discharging its oversight role? Are there tools available to Congress that are underutilized? Would a proper…

Third Annual Executive Branch Review ConferenceIn administrative law the focus has primarily been on how to constrain executive discretion. It may, however, be equally important to consider how to constrain the delegations that create that…

Internet Cases

Is a DMCA subpoena to identify unknown infringers valid if the infringement has ended?

The Digital Millennium Copyright Act (“DMCA”) is well-known for its notice and takedown provisions. But the DMCA provides a number of other interesting mechanisms, including a procedure for potential copyright plaintiffs to send…

Casual website visitor who watched videos was not protected under the Video Privacy Protection Act

A recent federal court decision from the Southern District of New York sheds light on what is required to be considered a “consumer” who is protected under the Video Privacy Protection Act (VPPA). The court held that a website…

Petitioner filed an action in New York state court seeking to compel PissedConsumer.com to disclose the identity of the person or persons who posted certain statements to the site. These statements criticized petitioner for allegedly failing…

LawBiz Blog - Audio Podcasts

Toby Brown, a good friend and previous speaker here at LawBiz® Podcast, is a former director of the Utah State Bar and currently the Director of Strategic Pricing & Analytics for Akin Gump, a top 50 AmLaw law firm.
Toby is at the…

How confident are you that your client trust account is state bar compliant? Do you have monthly financials to review that make sense to you? Are all your billable time and advanced client costs being captured? Annette Fadness provides…

Gary Kinder is the Founder and Creator of WordRake Editing Software. He is also a lawyer and a New York Times bestselling author who has taught over 1,000 writing programs at the most prestigious law firms in the US. He has dedicated his…

In July 2012, the Foreign, Comparative and International Law Special Interest Section (FCIL-SIS) of the American Association of Law Libraries (AALL) presented a program at the annual conference in Boston, MA titled Access…

Hello! For our last podcast of the year 2012, the Library is proud to feature one of our John Jay Legal Services clinical programs – Pace Investor Rights Clinic, also known as PIRC. With the leadership, mentoring, and support of…

The fourth annual Bookbag to Briefcase program was held on April 11, 2012 at 3:00 pm at the Pace Law Library, offering a wide range of tips and tricks to students on how to succeed in a law firm environment. Students attended this…

Patent Pod

If you have never been through the patent process before, and even if you have, do you understand the stategies and tactics used to evaluate the strength of a patent? Do you have a method for determining when an idea is worth pursuing and…

Andrew P. Lahser is a registered patent attorney. He is licensed to practice in Arizona and before the U.S. Patent and Trademark Office. His practice is limited exclusively to intellectual property law.
Professional Activities
Mr.

In this episode of Legal Talk, from January 18, 2008, host Stephen Karp discusses one of the most famous lawyers of all time – Abraham Lincoln with guest, Professor Brian Dirck, author of the new book “Lincoln the Lawyer.”

Stark & Stark Shareholder Cary S. Kvitka and Associate Max L. Schatzow, both members of the Securities Group, co-authored the article, “Why Cybersecurity Matters for Investment Advisors,” which was published in the July/August…

In a recent New Jersey Tax Court decision, Methode Electronics, Inc. v. Twp. Of Willingboro, the court ruled that the assessment of a contaminated piece of property, which was not developable and could not be developed in the foreseeable…

Craig S. Hilliard and ABPIA Win $2.2 Million Against Bridal and Prom Counterfeiter

Craig S. Hilliard, Shareholder at Stark & Stark, representing the American Bridal & Prom Industry Association (ABPIA) recently received final judgments in several federal lawsuits against various international bridal and prom…

The Kentucky Court of Appeals announced 26 decisions on July 17, 2015, with 2 of their opinions designated to be published. Click here for links to all the archived AOC Court of Appeals minutes at the web site…

No arguments scheduled by the Supreme Court of Kentucky for July 2015. The Silver Bridge was an eyebar-chain suspension bridge built in 1928 and named for the color of its aluminum paint. The bridge connected Point Pleasant, West Virginia,…

Today TaxMama® hears from Jean in the TaxQuips Forum, with this problem. “I have a client that hasn’t filed his personal tax returns for 8 years. He is currently under audit, and I am preparing the returns. Can I carryback net…

Today TaxMama® hears from Paul in the TaxQuips Forum, with this common issue. “I just received a CP2000 Notice from the IRS informing me of $1,900 in proposed taxes due from 2013. (On our joint return, I forgot to include my…

Today TaxMama® hears from Sonia in the TaxQuips Forum, who has this quickie question. “I contacted the custodian of my IRA AT 3 PM on 12/31 to request a required minimum distribution (RMD). The transaction ended up being dated 1/1.…

In a closely watched case in the legal community, Massachusetts’ highest court upheld a $63 million judgment against Johnson & Johnson, maker of Children’s Motrin, in the case of Samantha Reckis, who developed toxic epidermal…

Insights about how structured settlements are used and what can be done to improve the process are featured in a new Claims and Litigation Management Alliance (CLM) article titled, Understanding Structured Settlements, written by Kevin Silo,…

A non-qualified assignment involves the transfer of a future periodic payment obligation arising from the settlement of a dispute from the defendant or its carrier to a third-party assignee. In this podcast, Ringler Radio host Larry…

Hearsay Culture

I’m now advised that in addition to Stitcher, Hearsay Culture is now available on the Pocket Casts app! Like Stitcher, this is a proprietary podcast aggregator, so use it if you’d like. I hope that you find it useful! I’m…

The Summer 2015 schedule is posted! It’s a terrific group of guests, discussing topics ranging from legislative decision-making to control over robots. I look forward to chatting with them! Note: because I have several writing deadlines…

If you’ve been paying attention to the links below recent show posts (and why wouldn’t you? Are you THAT busy?), you may have noticed a new link to Stitcher. For those who don’t know, Stitcher is a proprietary podcast…

Show Notes
Segment 0 (00:00:35)
Bradley and Karen interviewed Nick Coghlan who works for
Red Hat and contributes to various Open Source and Free Software projects
such as Python. Nick discussed his work on the infrastructure…

Show Notes
Segment 0 (00:00:35)
Bradley encourages those who attend FOSDEM 2015 to attend sign up to attend the
Supporter Night Event on 30 January 2015 in Brussels, Belgium.
Segment 1 (00:50:11)
More Show notes for this one…

By Jacqueline L. Messler. As the average age of Americans continues to rise, more cases of dementia are diagnosed, and the need for assistance for the elderly rises, estate planners are often faced with issues of capacity. …

By Michael B. Berzowski. On August 24,2014 while doing some yard work, I lost my footing , fell and managed to break both bones in my lower right leg along with some cartilage and tendon damage plus some bone chips in the heel area. As…

Technically Legal

Last week BMG sued Cox for copyright infringement by Cox’s customers. The complaint details the lengths to which BMG went to notify Cox of copyright infringement by Cox’s customers. BMG monitored bittorrent swarms, and sent Cox at…

The WSJ is reporting that music publishers BMG and Round Hill Music are suing Cox for copyright infringement. Details are sparse in the article and we haven’t been able to locate a copy of the complaint yet, but the gist of the suit…

Apple Inc. lost a big patent infringement case against MTel in the Eastern District of Texas. It’s safe to assume that Apple will appeal, and a likely target of that appeal will be a recent decision from the Federal Circuit criticizing…

We thought the tort law in personal injury cases was fairly well defined, but a new appellate opinion has got hospitals and their attorneys in a dither, while plaintiffs and their lawyers are throwing a big party.Especially now that they can…

Local 721 of the Service Employees International Union is the exclusive bargaining representative of all Los Angeles County employees. No one employee can even ask his or her boss for a raise. SEIU speaks on behalf of everyone,…

You may be surprised to learn that an insurance broker, despite the broker's more commonly known name of "insurance agent," isn't really always considered an agent of the insurance company. Sure, there are some insurance companies that…

SELECTIONS FROM MY SKETCHBOOK . . . I haven't posted much "artwork" lately, though I'm still in the thrall of a drawing compulsion, which began when conversations about art with my son Austin (of the trip to Costa Rica),…

TYPES OF LAWYERS #8: THE PARTNER WHO GOLFS . . .
Shhh! The partner-who-golfs is teeing off, and he never likes it when you chuckle during his backswing. So you don't. Instead, you stand quietly as he adjusts his unorthodox stance,…

Legal Geekery

Introduction It's been months since the last show. What's new? Josh's journey from lawyer back to student (and lawyer consultant) is new! And don't miss the scoop on Alice and Dallas. Josh will be getting the iPhone 5, no doubt shipping with…

Introduction It’s been months since the last show. What’s new? Josh’s journey from lawyer back to student (and lawyer consultant) is new! And don’t miss the scoop on Alice and Dallas. Josh will be getting the iPhone 5,…

Introduction New Year's Resolutions: SPOILERS! Ouij will get published, Josh will have more faith in people, and no more judges preemptively tell Laura she's going to lose. Law geek iTems: When your firm dislikes you helping yourself to their…

Most lawyers are careful to protect client confidences, but that is becoming more and more difficult to do. These days lawyers, especially those practicing alone or in small firms, often discuss their cases with their peers in other firms.

In a recent article in The Legal Intelligencer, Melanie Klinghoffer and Greg Richter made the case that “project-based” lawyers make a lot of sense for “[m]anaging partners, practice group leaders and others with case management…

Last month, the New York state bar denied admission to a would-be lawyer because he owed $400,000 in unpaid student loans. This week, Sean Carter and Stuart Teicher battle it out over the issue of whether failure to repay indebtedness is a…